Max Shephard | 4-5 Gray's inn square

Practice Summary

Max is regularly instructed in employment, regulatory, sports, and commercial cases. He appears in a range of courts and tribunals including County Courts, the Employment Appeal Tribunal, the High Court, and the Court of Appeal. Max is frequently instructed to advise on settlement in complex disputes.

 

Areas of Experience (Select to add to the CV download)

Employment

Max advises and represents both Claimants and Respondents at PHRs, liability hearings, and appeals
to the Employment Appeal Tribunal. Recent instructions include:

• Successfully represented a client (following a 3-week liability hearing) in a matter against the
Police Commissioner of the Metropolis for direct race and disability discrimination.

• Advised and successfully represented a health care assistant in a claim for unfair dismissal
against a national care home association.

• Advised and successfully represented a client at a Rule 3(10) hearing in the Employment
Appeal Tribunal.

• Advised and successfully represented a client in a claim for unfair dismissal against a non-
departmental public body following allegations of being under the influence at work. Max
also advised on the concurrent regulatory referral to the HCPC in respect of this matter.

• Successfully defended claims for whistleblowing, race discrimination, and breach of
contract, on behalf of a well-known public transport company.

• Instructed by the headmaster of a school in an unfair dismissal claim following allegations of
gross misconduct. Successfully appeared in the wrongful dismissal element of the case. This
matter had concurrent and independent High Court proceedings. (Matter settled).

• Advised and represented a client in respect of pregnancy discrimination claims. This case
dealt with allegations of illicitly obtained documents. (Matter settled).

• Advised a client in an unfair dismissal claim in respect of allegations of fraud. (Matter
settled).

• Currently instructed in an unfair dismissal and disability discrimination claim against a
national company.

Regulatory

Max has extensive tribunal advocacy experience advising both Regulators and Registrants. Max
undertook a 6-month secondment at the General Dental Council assisting the Information
Governance team in preparation for the GDPR. He has previously advised the GDC on an ad hoc
basis in relation to the Data Protection Act 1998 and Legal Professional Privilege. A selection of his
cases in regulatory law are as follows:

• NMC v I: Acting for the Nursing Midwifery Council in a substantive hearing where a nurse
was accused of performing an invasive procedure on a patient without the patient’s
consent. All charges found proved.

• NMC v B: Acting for the Nursing Midwifery Council in a substantive hearing where a nurse
was accused of causing the death of a patient by incorrectly administering a drug. All
charges found proved.

• NMC v S: Acting for the Nursing Midwifery Council in a complex substantive hearing
comprising 27 charges where all charges were found proved

• NMC v O: Acting for the Nursing Midwifery Council in a substantive hearing where there
were allegations of dishonesty. All dishonesty charges found proved. At the conclusion of
closing submissions, the case of Ivey v Genting Casinos 2017 UKSC 67 was published. As a
consequence, subsequent submissions were made in line with the new authority.

• NMC v R: Acting for the Nursing Midwifery Council in a substantive hearing where there
were multiple clinical failings. Charges admitted on the day of the substantive hearing.
Misconduct and impairment found.

• NMC v A: Instructed by the Nursing Midwifery Council in a sensitive substantive hearing
where there were allegations of a sexual nature.

• NMC v M: Instructed by the Nursing Midwifery Council in a lack of competence case where
there were approximately 50 charges.

• Regularly appeared on behalf of the NMC in applications of Interim Orders and Substantive
Order Reviews.

• HCPC v K: Currently instructed to advise the defence in Health Care Professionals Council
proceedings.

Sports

Sports law work forms an increasingly prominent part of Max’s practice and he accepts instructions
in all areas of sports law, be they contractual, regulatory or governance.

• Advised and represented a British Weightlifter before the National Anti-Doping Panel at first
instance and subsequently on appeal.

• Author of the UK Mixed Martial Arts Federation regulation and disciplinary policy

• Appointed to the International Mixed Martial Arts Federation anti-doping committee and
decided on the first ever anti-doping case in the Federation

• Advised professional football players about overlapping criminal and civil liability,
injunctive relief, and appeared on their behalf at preliminary hearings and trial

Commercial

Max’s commercial experience typically includes contractual disputes, matters arising from fraud,
and international investigations. Recent cases include:

• Led Junior, instructed to lift a worldwide freezing injunction in ICICI Bank UK v Mihir
Mehta & Ors [2017] EWHC 1030 (Comm).

• Junior assisting the defence in Clydesdale Bank plc v (1) Stoke Place Hotel Ltd (In
administration) (2) Novtej Singh Dhillon (3) Sarina Thiara Dhillon (4) Andrew Paul Seavers
[2017] EWHC 181 (Ch).

• Instructed as independent privilege Counsel in the largest deferred prosecution ever (SFO v
Rolls-Royce PLC and Rolls-Royce Energy Systems Inc U20170036).
 Advised on privilege in a £400m banking claim: Wall v Royal Bank of Scotland Plc [2016]
EWHC (Comm).

Advised on privilege in a £multi-million construction claim.

• Instructed by the defence to assist in international investigations in respect of hidden assets
allegations. This instruction required travel to Spain to liaise with Spanish lawyers about the
case.

• Advised and appeared in cash forfeiture proceedings where there were attempts to remove
a large quantity of cash from the jurisdiction.

• Advised in cash forfeiture proceedings following successful acquittal of money laundering
allegations.

 

Affiliations

IMMAF – Anti-doping Committee

Member of the Association of Regulatory and Disciplinary Lawyers

Free Representation Unit

Languages

Spanish

Italian

Education

BA Hons, University College, London

Graduate Diploma Law (BPP)

Bar Professional Training Course (BPP)

Articles

 
 
 

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